Cornell University Law School’s Legal Information Institute states that when a manufacturer creates a product that deviates from its intended design, it is considered defective. This may be due to the use of sub-standard materials or carelessness in its creation. Consumers in Las Vegas who purchase defective products are at risk for personal harm.
According to a Bloomberg report, thousands of lawsuits are pending in a manufactured defect case involving the Avaulta vaginal mesh that is surgically implanted. The product allegedly erodes and shrinks over time, causing painful side effects such as organ damage, which requires surgical reparation. The company, C.R. Bard, Inc., has reached settlement agreements with more than one patient.
The manufacturer is liable for production defects
Product liability law states that the manufacturer is always held responsible when a defect causes harm to consumers. According to the Legal Information Institute, victims of defective products have the right to hold anyone connected to the manufacturing process financially responsible for any injuries or damages caused by the defective item.
By imposing a strict liability law, the courts attempt to encourage companies to invest more heavily in safety measures to prevent errors during the production process, which will result in a reduction in the number of individuals who become victims. The more expensive product may also result in fewer purchases of potentially dangerous products and reduction of injury risk, ensuring that customers share the safety costs.
The burden of proof lies with the consumer
Manufacturing errors lead to thousands of injuries and hundreds of fatalities each year. Even so, to hold the company responsible, an injured individual must prove that the harm is a result of the defect rather than the design or a failure to use the product in the way it was intended to be used. Consumers can prove liability with medical records that give evidence of damage, the opinions of experts knowledgeable about the product, or even video that shows the product was used correctly.
Liability laws are different from one state to another, and many, including Nevada, have a statute of limitations for filing a lawsuit, so it is important for injured victims to consult with an attorney as soon as possible. Any individual who believes that an injury is directly caused by a manufacturer’s defect should contact a personal injury attorney. Familiarity with liability laws in the state of Nevada is a key to receiving full compensation for medical expenses, pain and suffering.
